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    1. [SCKY] SOME LEGAL MUMBO JUMBO
    2. Sandi Gorin via
    3. Instead of a post on the Warren Co Court of Quarter Sessions this morning, I'm taking a week or two to give you some legal definitions that you, as a researcher, will likely run into. Most of these mean the same thing today as they did in the early settlement days; some might have changed its meaning somewhat. I'm sending to both of the lists.To understand the old wills, deeds and court cases, you need to know what these words mean! Ab intestate: Normally just shown intestate, this means someone who has died without leaving a will. Acquittal: Found not guilty and set free. Ad damnum: An individual's statement who brings a case into court, or the monetary loss/damage asked in a suit. Ademption: Normally, a bequest taken away from a will. Adjudication: Any decision made without explanation of the degree of guilt. Ad Litem: For the duration of. This is normally seen for an infant who had a guardian appointed for them when the parents were still living. For some reason, the parents could not or would not represent the child and his/her rights so they appointed a guardian ad litem - for the duration of the trial or case. This individual spoke in behalf of the child to be sure the child received what was due him. Researchers will find this term used in many instances, especially when, in a will, an infant was given land, slaves or property. Guardianship lasted until the child was of age in contrast to someone appointed ad litem who would represent the child for a short time. They were also referenced as "best friend." Even adults could have someone appointed - single women, the elderly, or anyone who could not do it themselves. They may or may not be an attorney. Administrator: This is an individual appointed by the probate court to administer the estate of one dying intestate. He paid the bills the deceased left, collected money due the estate. If a female was appointed she was called an Administratrix. Ad quad/quod damnum. This was a writ asking what the loss or injury would be. Researchers will see this when a settler was planning on erecting a grist mill. A "jury" of men went on the land and estimated what damage would result to neighbor's property from any water which may overflow. If damage could be caused, either the settler would not be allowed to erect the mill or would have to pay for possible damages. Appellant: One who files an appeal. Appellee: One against whom a cause is appealed. Assault & Battery: We heard this term frequently. Assault is the attempt to strike. Battery is the actual strike. Assignee: The purchaser of property. If Jones was the assignee of Smith, Jones bought from Smith. At Bar: Before the court. Attachment: Taking of persons or property into legal custody by virtue of a writ, summons or other judicial order. In many early court cases one will see this term. If someone was ready to flee the county (as in a divorce), an order of attachment could be issued to keep him from removing property until the case was settled. Or, if someone had not paid his debts or taxes, his property could be attached and sold to pay off the debt. Bar sinister: illegitimate. Battery: Touching another person, even if gently, without his/her approval. Bed & bedstead. this is found in wills and inventories of estates. This was a cover made of feathers which is used on a bed. Bondsman: a surety or security who pledged a sum of money as bond for another. Many cases required a bondsman or bondsmen. They were required in posting a marriage bond (intent to marry), in criminal and civil cases, in governmental offices (attorneys, County Clerks, etc.). Carnifex: the hangman or executioner. Case: Law suit Cause: an action or suit Chancery: equity - not criminal. To be continued. Sandi Colonel Sandi Gorin President, South Central KY Historical & Genealogical Society Sandi's website: http://www.gensoup.org/gorin/index.html Sandi's puzzlers: http://www.gensoup.org/gorinpuzzles/index.php --- This email has been checked for viruses by Avast antivirus software. http://www.avast.com

    12/09/2014 01:06:47